SULTAN RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the appellants, learned Public Prosecutor for the State and the Counsel for the complainant.

(2.) Being aggrieved of the judgment dated 27.1.2005 passed by the learned Additional Sessions Judge (Fast Track) No. 1, Jhunjhunu in Sessions Case No. 101/2003 (170/2003), the accused appellants have preferred this appeal under Sec. 374(2) Crimial P.C. The learned Trial Court has convicted and sentenced the accused appellants as under:

(3.) Instant criminal case was initiated on a parcha bayan of one Ved Prakash which was recorded on 16.6.2003 at Government Hospital, Sikar. As per his statement, the informant and his father are four brothers. The eldest is Sultan he is having 5 sons and 2 daughters; second in number was the father of the informant who was having 6 sons; and the youngest one of them is informant Ved Prakash. The third son is Kajod aged 30 years and fourth son is aged 25 years. All the four brothers (who are sons of Bhudaram) were living separately. Further it was stated by the informant that a stray cow had entered their residence in the night as the elder brother of his father (Tau) had left the gate of the joint guwadi opened. When the father of the informant asked his elder brother regarding leaving the gate opened, as a result of which the stray cow bad entered into the guwadi and eaten the gwar grass, the elder brother had burled abuses and changed the scene into scuffle and by giving blow on the head of the father of the informant, who was alone at that time by lathi. Further it was stated that the father of the informant became unconscious on account of the injury sustained by him on the head, eyes and ribs etc. The informant was working in the agricultural field at the time of incident which was 6.30 to 7.00 A.M. It was also stated that the maarpeet had been done by accused Sultan and two uncles of the informant in the joint guwadi. The house of Sultan was about 200 yards away. The agricultural fields of the parties were having a common gate. As per the parcha bayan, the first blow on the head was caused by the elder brother of the father of the informant and thereafter his four sons, namely; Radhey Shyam, Kailash, Umesh, Rajesh and Mooli Devi wife of Sultan had also come with lathis in their hand and inflicted injuries to him. Thereafter, the informant and his uncle both came running at the place of occurrence and injuries were inflicted to them also. The informant sustained injuries on his head and above the eye and his uncle Kajod sustained injuries on the leg by lathis. Arjun, the uncle of the informant, also sustained injuries on the hand. His younger brother Subhash sustained injuries on his hand. It is also stated that the elder brother of the father of the informant is a person of quarrelling nature.